Under the advice of Mr. Nelson, afterward
Judge, one of the most learned and careful lawyers, the defendant
pleaded a special non-tenure, and the case was reported to
the full bench of the Supreme Court, where Mr. Bacon was
employed for the plaintiff. The report inaccurately said
that the defendant filed a disclaimer. Mr. Bacon made a
very learned argument to show that upon the facts the disclaimer
could not be supported, and was going on swimmingly, under
full sail. Mr. Bacon said in his argument: "If he had pleaded
non-tenure, I admit, your Honors, he would have been pretty
well off." Whereupon Judge Hoar sent for the original papers,
and looking at them read the plea, and said: "Isn't that a
plea of non-tenure?" Mr. Bacon was obliged to admit that
it was. The Chief Justice said: "Well, then, the tenant
is in the condition which you describe as being pretty well
off, isn't he, Brother Bacon?" Bacon answered with an angry
and impatient "Humph." The Chief Justice said: "Are there
any other objections to the plea, Brother Bacon?" "More than
forty, your Honor," replied Bacon indignantly, "which I should
state to you at a proper time.
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